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If I post data on Confluence, is it copyright protected?

Banning Lyth October 26, 2020

Let's say somebody stumbles on my confluence page where I will be tracking all my requirements, goals, expectations, and milestones for my project. If somebody takes info from it (recreates my project without me), would they be liable for IP Theft? Is my Intellectual Property safe on Confluence and JIRA?

1 answer

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Diego
Atlassian Team
Atlassian Team members are employees working across the company in a wide variety of roles.
November 23, 2020

Hello @Banning Lyth !

To answer this, I would start by looking into Atlassian documentation on legal topics. You can take a look at them here:

  1. https://www.atlassian.com/legal/privacy-policy
  2. https://www.atlassian.com/trust/security/security-practices#building-security-in
  3. https://www.atlassian.com/legal/customer-agreement.jsp

Some interesting topics from our documents:

7.7.1 General. You must ensure that your use of Hosted Services and all Your Data is at all times compliant with our Acceptable Use Policy and all applicable local, state, federal and international laws and regulations (“Laws”). You represent and warrant that: (i) you have obtained all necessary rights, releases and permissions to provide all Your Data to Atlassian and to grant the rights granted to Atlassian in this Agreement and (ii) Your Data and its transfer to and use by Atlassian as authorized by you under this Agreement do not violate any Laws (including without limitation those relating to export control and electronic communications) or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies. Other than its security obligations under Section 7.5 (Security), Atlassian assumes no responsibility or liability for Your Data, and you shall be solely responsible for Your Data and the consequences of using, disclosing, storing, or transmitting it.

7.7.3 Indemnity for Your Data. You will defend, indemnify and hold harmless Atlassian from and against any loss, cost, liability or damage, including attorneys’ fees, for which Atlassian becomes liable arising from or relating to any claim relating to Your Data, including but not limited to any claim brought by a third party alleging that Your Data, or your use of the Hosted Services in breach of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law. This indemnification obligation is subject to your receiving (i) prompt written notice of such claim (but in any event notice in sufficient time for you to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim; and (iii) all reasonable necessary cooperation of Atlassian at your expense.

I hope this guides you to the right path!

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